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Polish court rejects appeal against acquittal of women over anti-religious law

Charges brought after Virgin Mary adorned with rainbow halo

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(Screenshot courtesy of Amnesty International)

A Polish court on Wednesday threw out the appeal by Polish prosecutors over the acquittal of three women who were charged in 2020 for violation of under article 196 of the Polish Criminal Code colloquially referred to as “offending religious beliefs.”

Article 196 of Poland’s penal code states that offending people’s religious feelings by publicly outraging an object or place of religious worship is a criminal offense.

The three woman, Elżbieta, Anna and Joanna — whose last names have not been released — were arrested in 2019 and charged the next year after they stuck up posters of the Virgin Mary adorned with a rainbow halo, symbolic of the popular flag used to represent the LGBTQ community. Had they been convicted they face up to two years in prison each.

“This case is emblematic of a number of disturbing anti-human rights trends in Poland. Not only is space for free expression, activism and peaceful protest shrinking, but the climate of homophobia in the country is worsening amid an increase in hate crimes, the introduction of LGBTI free zones by local councils and attempts to ban Pride marches,” Amnesty International’s Senior Campaigner for Europe Catrinel Motoc said.

“Today’s decision comes as a huge relief but cannot disguise the fact that these three women should never have been put on trial in the first place. Distributing posters of the Virgin Mary wearing a rainbow halo should never be criminalised, so it is right that the appeal against their acquittal was rejected,” Motoc added.

LGBTQ rights have become a deeply divisive issue in predominantly Roman Catholic Poland. Religious conservatives condemn what they say is an “ideology” bent on destroying the traditional family while more liberal Poles demand tolerance and equal treatment of what they regard as an oppressed minority, Euronews noted.

In March 2021, Elżbieta, Anna and Joanna were acquitted of “offending religious beliefs” under article 196 of the Criminal Code in relation to the use of posters depicting the Virgin Mary with a rainbow halo symbolic of the LGBTQ flag around her head and shoulders.

They were acquitted by the first instance court, but the prosecutor’s appeal brought them to court again, with the hearing scheduled on Dec. 8, 2021.

“Article 196 provides overly broad scope for the authorities to prosecute and criminalize individuals, in violation of their right to freedom of expression. As such, it is incompatible with Poland’s international and regional human rights obligations,” Amnesty International said in a statement.

The authorities arrested Elżbieta in 2019 after she took a trip abroad with Amnesty International campaigners. The authorities opened an initial investigation against her in May 2019. In July 2020, the authorities officially charged the three activists, alleging that the posters “publicly insulted an object of religious worship in the form of this image which offended the religious feelings of others”.

In November 2020, Amnesty International, Campaign Against Homophobia, Freemuse, Front Line Defenders, Human Rights Watch and ILGA-Europe sent a joint public statement urging the Polish prosecutor general to drop the charges and ensure that the three women are allowed to carry out their human rights work without harassment and reprisals.

More than 275,000 people had joined Amnesty International’s campaign urging the Polish prosecutor general to drop the unfounded charges against the three women human rights activists.

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Ghana

Ghanaian lawmakers approve anti-LGBTQ bill

Measure that would criminalize allyship awaits president’s signature

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Ghanaian flag (Public domain photo from Pixabay)

Ghanaian lawmakers on Friday approved a bill that would, among other things, criminalize LGBTQ allyship.

Reuters reported MPs approved the Human Sexual Rights and Family Values Bill, 2025, in a voice vote after parliament’s Constitutional and Legal Affairs Committee backed it.

MPs in 2024 approved a similar bill, but it faced legal challenges and then-President Nana Akufo-Addo didn’t sign it. Lawmakers last year reintroduced the measure after President John Dramani Mahama took office.

The bill awaits his signature.

Rightify Ghana, a Ghanaian LGBTQ advocacy group, in a series of social media posts notes MPs passed the bill days before the 4th African Inter-Parliamentary Conference on Family Values and Sovereignty will take place in Accra, the country’s capital.

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Russia

Nine Russian LGBTQ groups deemed ‘extremist’ banned

Human Rights Watch: authorities ‘intensifying their criminalization’ of queer people

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(Washington Blade photo by Ernesto Valle)

Nine LGBTQ groups in Russia have been banned so far this year after authorities deemed them as “extremist.”

Human Rights Watch on Thursday noted courts in seven regions between March and May banned Coming Out, the LGBT Resource Center, Parni Plus, the Moscow Community Center for LGBT+ Initiatives, Irida, the Russian LGBT Network, the Kallisto movement, T9 NSK, and Center T. Human Rights Watch also pointed out a lawsuit has been filed against the Alliance of Straights and LGBT for Equality.

Parni Plus is an LGBTQ media outlet.

“Russian authorities are intensifying their criminalization of those who provide critical support to the very LGBT people they have systematically persecuted,” said Human Rights Watch Europe and Central Asia Director Hugh Williamson in a press release. “Authorities should vacate all court decisions and criminal convictions based on these spurious ‘extremism’ charges.”

The Kremlin over the last decade has faced global criticism over its crackdown on LGBTQ rights.

The Russian Supreme Court in 2023 ruled the “international LGBT movement” is an extremist organization and banned it.

The country in January designated ILGA World, a global LGBTQ and intersex rights group, as an “undesirable” organization. ILGA World in response to the designation noted Russians who are found guilty of engaging with “undesirable” groups face up to six years in prison.

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China

China’s top court acknowledges anti-LGBTQ discrimination

Postgraduate student petitioned for legal clarification

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(Photo by Aylandy/Bigstock)

China’s Supreme People’s Court on May 8 issued a rare response to a petition involving LGBTQ discrimination.

In a surprising response; it discussed sexual orientation, gender identity, and gender expression. The response also mentioned workplace discrimination, public humiliation, and school bullying, language considered uncommon from China’s legal system.

The response stemmed from a proposal submitted by a postgraduate student in Qingdao through China’s xinfang petition system on March 25, urging the court to establish clearer judicial standards against discrimination based on sexual orientation and gender identity. Six weeks later, the Supreme People’s Court Research Office issued a written reply.

The Research Office is an internal legal and policy body within the Supreme People’s Court. It studies legal issues, drafts judicial guidance, and responds to legal inquiries submitted through official channels. Its responses do not carry the same legal weight as a judicial interpretation or court ruling.

“The opinions and suggestions you raised are of great value,” reads a translated version of the Supreme People’s Court Research Office response. “In order to thoroughly implement the Constitution, Civil Code, Employment Promotion Law and other legal provisions, and effectively protect citizens’ personality rights from infringement, the Supreme People’s Court has guided local courts at all levels to handle a number of related cases, and through typical cases and other forms has clarified adjudication rules.”

The response stated that courts may determine public insults, defamation and, discriminatory conduct targeting sexual orientation, gender identity and gender expression as infringement of personality rights. It also said employers treating individuals differently in hiring, employment, transfer or dismissal based on those characteristics could face employment discrimination claims. Schools could also bear legal responsibility for improper discipline or bullying involving students based on sexual orientation, gender identity and gender expression, according to the response.

“It’s not a systematic change from the authorities recognizing LGBTQ rights,” said Renn Hao, an LGBTQ activist in China. “However, it’s an informal statement from the Supreme Court. According to a scholar researching LGBTQ legal cases in China, courts are recognizing more cases involving LGBTQ discrimination and same-sex partners through their verdicts.”

China decriminalized consensual same-sex sexual relations in 1997 and removed homosexuality from the country’s list of mental disorders four years later. Chinese law, however, does not recognize same-sex relationships.

Public advocacy involving LGBTQ issues also remains tightly controlled. Authorities in recent years have continued restricting community organizing, public events, and online expression involving sexual minorities.

Discussions involving LGBTQ issues are also frequently censored on Chinese social media platforms. 

Activists and advocacy groups say Chinese authorities in recent years have removed online content, shut down LGBTQ student group accounts and restricted public discussion involving sexual minority issues. After the Supreme People’s Court response began circulating online, related posts and articles were also removed from some Chinese platforms.

“It may still be too early to fully assess the long-term impact, as this development has only just happened and the situation is still unfolding,” said Xiaogang Wei, a Beijing-based LGBTQ rights activist, filmmaker, and founder of the China Rainbow Collective Foundation. “Although the reply is not legally binding, it represents a rare form of institutional acknowledgment of SOGIE-related discrimination in China. For Chinese LGBTQ people and advocates, this could become a meaningful reference point for future legal advocacy, public communication, and community awareness.”

Wei said the rapid removal of related posts and articles limited the development’s broader public impact and underscored how fragile LGBTQ visibility remains in China. 

“This is why we believe it is important to continue sharing verified information and ensuring that this development is not erased from public understanding,” Wei said.

Chinese courts in recent years have also heard a number of LGBTQ-related employment discrimination cases, despite the absence of explicit nationwide protections based on sexual orientation or gender identity. In one notable case, the Supreme People’s Court in 2018 formally recognized “equal employment rights disputes” as a legal cause of action, allowing some discrimination-related cases to proceed through the courts.

Chinese courts have previously handled several LGBTQ-related disputes involving employment discrimination, custody, and so-called conversion therapy. In 2024, a Beijing court drew attention after recognizing visitation rights for a child involving a same sex couple, a decision activists described as a milestone for LGBTQ families in China.

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